[2021] KEHC 3680 (KLR)
The court held that the Supreme Court's guidelines on resentencing, as clarified in the subsequent directives, are strictly limited to murder cases under Sections 203 and 204 of the Penal Code. Since the applicant was convicted of robbery with violence, the Muruatetu decision does not provide a basis for...
Source-derived case information.
- Citation
- [2021] KEHC 3680 (KLR)
- Parties
- Applicant: Gerald Muiruri Wathika; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E051 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Review
- Outcome
- application dismissed
- Judges
- MM Kasango
- Legal Topics
- Resentencing, Robbery With Violence, Supreme Court Guidelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gerald Muiruri Wathika
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Review
Legal Issues
- 1 Whether the applicant is entitled to resentencing based on the Supreme Court decision in Muruatetu & Another v Republic (2017) eKLR.
- 2 Whether the Supreme Court's guidelines on resentencing apply to offences other than murder.
Ratio Decidendi
The court held that the Supreme Court's guidelines on resentencing, as clarified in the subsequent directives, are strictly limited to murder cases under Sections 203 and 204 of the Penal Code. Since the applicant was convicted of robbery with violence, the Muruatetu decision does not provide a basis for resentencing in his case. Accordingly, the application for resentencing was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The Notice of Motion dated 24th May, 2021 is dismissed.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
MISC. CRIMINAL APPLICATION NO. EO51 OF 2021
GERALD MUIRURI WATHIKA...................................................APPLICANT
VS.
REPUBLIC....................................................................................RESPONDENT
RULING ON REVIEW
1. GERALD OGUTUwas convicted by Gatundu Chief Magistrate’s Court with the offence of robbery with violence. His appeal before Kiambu High Court, Criminal Appeal No. 126 of 2016 was dismissed.
2. He has approached this Court through Notice of Motion dated 24/5/2021 seeking for re-sentencing as decided by the case of MURUATETU & ANOTHER VS. REPUBLIC (2017) eKLR.
3. The application is dismissed because the Supreme Court in Petition No. 15 & 16 of 2015 (Consolidated) between FRANCIS KIARIOKO MURUATETU & ANOR AND REPUBLIC & OTHERSgave further directives on the application of the earlier decision in that petition of 14th December, 2017. The further directives were issued by the Supreme Court on 6th July, 2021. By those directives the Supreme Court stated thus:-
“The decision of Muruatetu and these guidelines apply only in respect to sentences of murder under Section 203 and 204 of the Penal Code.”
4. It therefore follows that there is no basis to grant the orders sought in the Notice of Motion dated 24th May, 2021. It is therefore dismissed.
RULING DATED, SIGNED AND DELIVERED AT KIAMBU THIS 27TH DAY OF SEPTEMBER, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant................................................Nancy
Applicant: ..........................................Gerald Otieno
Respondent: ..........................................Mr. Kasyoka
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE